Legal Definition Help

The function of the federal courts that takes place at the beginning of criminal proceedings – after a person has been arrested and charged with a federal crime and before they appear in court. Pre-Investigation Service officials are focusing on investigating the background of these individuals in order to assist the court in deciding whether to release or detain them pending trial. The decision is based on the likelihood that these individuals will flee or pose a threat to the community. If the court orders release, a pre-trial officer supervises the person in the community until the person returns to court. A legal procedure to deal with the debt problems of individuals and companies; in particular, a case filed under one of the chapters of title 11 of the United States Code. A juror chosen in the same way as a regular juror who hears all the evidence but does not assist in deciding the case unless asked to replace a regular juror. Section 707(b)(2) of the Insolvency Code applies a “means test” to determine whether registration of an individual debtor under Chapter 7 is considered an abuse of the Insolvency Code requiring dismissal or conversion of the case (usually Chapter 13). Abuse is suspected if the debtor`s total current monthly income (as defined above) over 5 years, less certain legally eligible expenses, is greater than (i) $10,000 or (ii) 25% of the debtor`s non-priority unsecured debt, provided that this amount is at least $6,000. The debtor can only rebut a presumption of abuse by proving special circumstances justifying additional expenses or adjustments to current monthly income. With respect to civil actions in “equity” and not in “law”. In English legal history, courts of “law” could order the payment of damages and could offer no other remedy (see damages).

A separate “fairness” tribunal could order someone to do something or stop something (e.g., injunction). In U.S. jurisprudence, federal courts have both legal and just power, but the distinction is always important. For example, a jury trial is generally available in “legal cases,” but not in “fairness” cases. The right as set out in previous court decisions. Synonymous with precedent. Similar to the common law, which stems from tradition and judicial decisions. The legal power of a court to hear and decide a particular type of case. It is also used as a synonym for jurisdiction, i.e. the geographical area over which the court has territorial jurisdiction to rule on cases. Written statements submitted to the court outlining a party`s legal or factual allegations about the case.

A special court-imposed condition requires a person to stay home except for certain approved activities, such as work and doctor`s appointments. Home placement may include the use of electronic monitoring devices – a transmitter attached to the wrist or ankle – to ensure the person stays home as needed. Governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” A full-time lawyer hired by federal courts to legally defend defendants who cannot afford a lawyer. The judiciary administers the Federal Defence Counsel Programme in accordance with criminal law. A court decision in a previous case with facts and points of law similar to a dispute currently pending in court. Judges generally “follow precedents,” that is, they use principles established in previous cases to decide new cases that have similar facts and raise similar legal issues. A judge will disregard precedents if a party can prove that the previous case was ill-decided or that it differs significantly from the current case.

See: Lateral Support; Additional support in this legal dictionary. An action brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation that caused harm to the plaintiff. Instructions from a judge to the jury before it begins deliberations on the substantive questions to be answered and the legislation to be applied. Non-insolvency proceedings in which an applicant or creditor attempts to submit its claim to a debtor`s future wages. In other words, the creditor requests that part of the debtor`s future salary be paid to him for a debt owed to him. Support includes all means of livelihood that enable a person to live at a level of comfort appropriate and appropriate to their position in life. Support includes housing, food, clothing, health, medical care and needs, and reasonable recovery costs. Most states impose a legal obligation on a person to support his or her spouse and children.

In criminal law, the constitutional guarantee that an accused receives a fair and impartial trial. In civil law, the legal rights of a person who is confronted with an adverse act that threatens liberty or property. The study of the law and structure of the legal system All the debtor`s interests in the assets at the time of the declaration of bankruptcy. The estate technically becomes the temporary legal owner of all of the debtor`s assets. A written statement filed in court or an appeal that explains a party`s legal and factual arguments. n. An organization formed to help people who have little or no financial resources but need legal aid, usually sponsored by donations from the local bar association, sometimes with financial support from the local government. These companies review the applicant`s assets and income, decide if the person has a legitimate need for legal services, advise you, mediate, prepare simple documents and, if necessary, provide free legal assistance through a group of volunteer lawyers. Originally more prevalent in large cities, there are legal aid societies throughout the country. They generally do not provide assistance in criminal cases, as impoverished defendants have a constitutional right to be represented by a public defender or a private lawyer paid by the government. Some companies offer referral services to help a person find a suitable lawyer, but usually referral is through the local bar association. The legal system that originated in England and is now used in the United States is based on the articulation of legal principles in a historical succession of judicial decisions.

Common law principles can be changed by statute. A court-recognized mechanism where two or more cases can be managed together. (Assuming there are no conflicts of interest, these separate companies or individuals can pool resources, hire the same professionals, etc.) The judge who has primary responsibility for the administration of a court; Chief Justices are determined by seniority A federal judge who assumes the status of superior judge upon attaining the required age and duration of judicial experience, thereby creating a vacancy among the active judges of a court.